/o  r 


THE   TRYAL 

OF 

William  Tenn  fc?  William 


C«  itt  •*-  -X«  -X*  flC-  'X«  -X-  -X>  Sfr  •»»  'X-  JK-  flfr  ae-'X"  flfr 

THE  TRYAL 

OF 

William  ^Penn  &  William  <JXCea 

FOR 

CAUSING  A  TUMULT 

*At  the  SESSIONS  held  at  the  OLD  BAILEY 

in  LONDPN 
the  IST,  30,  4TH,  and  STH  ^SEPTEMBER 

1670 
•9k- 

T)one  by  Themselves 

TRANSCRIBED  from  the  COMPLEAT  COLLECTION 

O/*  STATE  TRYALS 
FIRST  PUBLISHED  IN   1719  and  EDITED  by 

DON  C.  SEITZ 


'Boston 
MARSHALL  JONES   COMPANY 

M  D  CCCC  XIX 


flfr 


COPYRIGHT,    1919 
BY    MARSHALL  JONES  COMPANY 


All  rights  reserved 


THE  UNIVERSITY   PRESS,    CAMBRIDGE,  U.S.A. 


'To  the 

OF 

THOMAS  JEFFERSON 

WHICH   NEEDS  FREQUENT 
REFRESHING 


FOREWORD 

ERTY,  Equality  and  Fraternity  have 
been  preached  through  all  time  but 
it  was  left  for  William  Penn,  the 
Quaker,  to  come  nearer  establishing  the 
ideal  of  this  Trinity  than  any  other  being 
called  Human  before  or  since  his  day. 

It  may  be  argued  that  more  was  due  to 
the  Faith  he  held  than  to  the  Man.  Yet 
this  must  be  answered  that  it  took  some  more 
than  ordinary  Man  to  absorb  and  fulfill  the 
requirements  of  such  a  Faith.  There  have 
been  many  Quakers  and  but  one  Penn ! 

Born  on  the  i^th  of  October,  1644,  in  the 
angry  days  of  the  Roundhead  Revolt,  his 
early  years  were  spent  in  an  intensely  re- 
ligious atmosphere  that  saturated  his  soul, 
but  at  the  same  time  bred  detestation  of 
bigotry  and  persecution.  If  he  seemed  to 
be  performing  out  of  his  class  because  of 
his  family's  eminence,  it  should  be  recalled 
that  this  was  acquired,  not  inherited.  His 
father,  Admiral  Sir  William  Penn,  was  the 
son  of  Giles  Penn,  a  merchant  navigator 
trading  into  the  Mediterranean,  and  his 

[vii] 


FOREWORD 

wife  Margaret  Jasper,  daughter  of  Hans 
Jasper,  a  sea  trader  of  Rotterdam:  From 
these  forbears  the  youth  received  inde- 
pendence of  thought  and  firmness  of  mind. 
He  was  therefore  less  of  an  anomaly  than 
he  appeared  to  be. 

The  rigid  religious  rule  of  Cromwell, 
under  which  he  had  spent  his  youthful 
years,  had  passed  and  in  its  stead  befell  a 
period  of  loose  living  and  easy  ways.  Puri- 
tanism, though  speaking  and  acting  in  the 
name  of  Liberty,  possessed  but  little  of  that 
quality  either  for  mind  or  body.  In  setting 
up  for  the  great  cause  he  fared  as  well,  or 
better,  with  all  his  persecutions,  than  did 
his  Quaker  brethren  in  that  New  England 
which  had  been  founded  for  opinion's  sake. 

Entering  Oxford  at  fifteen  the  boy  soon 
fell  under  the  influence  of  Thomas  Loe,  a 
preacher  of  Quaker  doctrine  and  became 
imbued  with  his  teachings.  This  clashed 
at  once  with  his  surroundings  and  the  Col- 
lege requirements.  He  refused  to  attend 
chapel  or  to  wear  the  customary  gown, 
deeming  it  a  sort  of  surplice.  A  little  group 
of  students  who  had  accepted  Loe's  prin- 
ciples joined  him  in  this  obduracy,  going  so 
far  as  to  strip  the  gowns  from  the  persons 
[viii] 


FOREWORD 

of  willing  wearers.  This  led  to  his  ex- 
pulsion. 

Samuel  Pepys  mentions  him  in  his  diary 
on  October  3151,  1661,  as  having  "but  come 
from  Oxford"  and  meeting  his  father  at 
Pepys'  house.  On  the  25th  of  January, 
1662,  the  Admiral  discussed  with  Pepys  a 
plan  for  sending  his  son  to  Cambridge  or 
some  private  college.  Pepys  undertook  to 
write  Dr.  Fairbrother  and  inquire  into  the 
merits  of  Hezekiah  Burton  at  Magdalen, 
as  an  instructor  for  the  difficult  youth.  It 
was  impossible  to  fit  him  into  any  school 
under  the  dominion  of  the  Church  of  Eng- 
land and  in  wrath  his  father  forbade  him 
the  house.  His  mother  interceded,  with 
the  result  that  he  was  sent  to  Europe  for 
the  grand  tour,  presumably  with  outward 
success,  for  on  August  6,  1664,  Mrs.  Pepys 
informs  Samuel  that  "Mr.  Pen,  Sir  Wil- 
liam's son,  is  come  back  from  France  and 
come  to  visit  her.  A  most  modish  person, 
grown,  she  says,  a  fine  gentleman." 

After  dinner  on  the  3Oth  of  the  same 
month  "comes  Mr.  Pen  to  visit  me,  and 
staid  an  hour  talking  with  me.  I  perceive 
something  of  learning  he  has  got,  but  a 
great  deal,  if  not  too  much  of  the  vanity  of 
[ix] 


FOREWORD 

the  French  garb  and  affected  manner  of 
speech  and  gait.  I  fear  all  real  profit  he 
hath  made  of  his  travel  will  signify  little." 

The  home  coming  soon  stripped  Penn  of 
the  "vanity  of  the  French  garb,"  and  he 
became  once  more  a  problem.  He  tried  the 
study  of  law,  but  could  not  interest  himself 
in  it.  To  keep  him  out  of  the  way  and  re- 
press his  dangerous  thoughts  he  was  given 
the  management  in  1665,  of  an  estate  owned 
by  the  Admiral  in  Ireland,  where  he  went 
and  did  as  he  pleased,  falling  in  again  with 
Thomas  Loe  and  resuming  his  Quaker 
views.  December  29th,  1667,  Pepys  records 
a  call  from  Mrs.  Turner  "...  and  there, 
among  other  talk,  she  tells  me  that  Mr. 
William  Pen,  who  is  lately  come  over  from 
Ireland,  is  a  Quaker  again,  or  some  very 
melancholy  thing;  that  he  cares  for  no  com- 
pany, nor  comes  into  any;  which  is  a  pleas- 
ant thing,  after  his  being  abroad  so  long,  and 
his  father  such  a  hypocritical  rogue  and  at 
this  time  an  Atheist." 

This  return  he  signalized  by  intense  ac- 
tivity in  pressing  Quakerism  upon  the  pub- 
lic, to  the  vexation  of  his  father  who  was 
one  of  the  notables  of  England,  as  Admiral 
both  under  Cromwell  and  the  King.  He 
[x] 


FOREWORD 

had  commanded  the  fleet  of  the  Lord  Pro- 
tector which  wrested  the  rich  Island  of 
Jamaica  from  Spain  and  as  one  of  the  three 
commissioners  of  the  Navy,  laid  the  foun-. 
dation  for  that  British  fleet  which  has  ever 
since  played  so  large  a  part  in  the  history 
of  the  world.  He  was  the  practical  man  of 
the  commission,  from  whom  James,  Duke 
of  York,  afterwards,  and  very  briefly  King, 
took  most  of  his  advice.  He  reformed  the 
higgledy-piggledy  naval  tactics  of  the  time 
and  taught  the  commanders  to  attack  the 
enemy  in  line,  the  most  important  change  in 
the  sea  annals  of  his  country.  Knighted  in 
1665  for  service  against  the  Dutch  he  failed 
of  the  peerage  because  of  the  public  preju- 
dice against  his  son,  which  deterred  the 
King  from  giving  him  an  honor  as  high 
as  he  deserved.  As  Clerk  of  the  Acts, 
Pepys  was  much  in  contact  with  him  so- 
cially and  officially.  The  famous  diary  teems 
with  references,  many  of  them  convivial, 
others  most  unkind.  He  was  faithful  to 
the' commonwealth  as  long  as  it  was  faithful 
to  itself.  Perceiving  that  it  could  not  hold 
together  after  the  death  of  Cromwell  he 
joined  with  George  Monk  in  bringing  about 
the  restoration  of  the  Stuarts. 

[xi] 


FOREWORD 

Against  this  background  of  paternal  dis- 
tinction, the  young  reformer  shone  invidi- 
ously and  brought  his  father  great  chagrin 
by  his  association  with  carpenters  and  weav- 
ers in  their  non-conformist  agitations.  He 
preached  in  poor  halls  and  in  the  streets. 
The  newspaper,  not  having  arrived,  he  took 
to  pamphleteering  to  spread  his  doctrines. 
This  activity  reached  a  crisis  in  1669.  Writ- 
ing in  his  diary  under  date  of  February  12, 
1669,  Pepys  says:  ".  .  .  Felling  hath  got 
me  W.  Pen's  book  against  the  Trinity.  I 
got  my  wife  to  read  it  to  me;  and  I  find  it 
so  well  writ  as,  I  think,  it  is  too  good  for 
him  ever  to  have  writ  it,  and  it  is  a  serious 
sort  of  book  not  fit  for  everybody  to  read." 

The  extended  title  of  this  work  was  "  The 
Sandy  Foundation  Shaken  —  or  those  .  .  . 
Doctrines  of  one  God  subsisting  in  three 
distinct  and  separate  persons;  the  impos- 
sibility of  God's  pardoning  persons  by  an 
imputative  refuted  from  the  authority  of 
scripture  testimonies  and  right  reason,"  etc. 

It  was  a  drastic  review  of  the  doctrine 
of  the  Trinity  and  as  the  title  implies,  un- 
dertook to  prove  that  the  majestic  edifice 
of  the  State  Church  was  not  founded  upon 
a  rock.  It  created  much  excitement  and 
[xii] 


FOREWORD 

speedily  landed  its  author  in  the  Tower. 
Here  he  remained  nine  months,  unrepentant 
and  writing  more  pious  sedition,  to  wit: 
"  No  Cross  No  Crown,"  and  "  Innocency 
With  Her  Open  Face."  These  were  further 
polemics  against  Episcopacy. 

The  King  having  no  heart  for  persecu- 
tion, and  the  Duke  of  York,  who  was  a  firm 
friend,  contrived  to  have  the  prisoner  re- 
leased on  the  4th  of  August  and  turned  over 
to  his  father  to  be  transported  to  some  spot 
where  he  would  be  less  troublesome.  This 
plan  was  not  seriously  carried  out.  Indeed 
the  Admiral's  days  were  numbered.  He 
died  after  a  year's  illness,  on  the  i6th  of 
September,  1670. 

Penn's  prominence  and  influence  in- 
creased with  the  death  of  his  father.  It 
was  plain  that  no  ordinary  mind  directed 
his  actions.  Respect  followed.  He  took 
much  part  in  public  matters  and  as  umpire 
in  a  dispute  between  Fenwick  and  Byllinge, 
two  Quakers,  over  some  land  rights  in  New 
Jersey,  he  developed  an  interest  in  the  New 
World  and  planned  to  found  in  it  a  place 
of  refuge  for  those  persecuted  in  Old  and 
New  England  for  opinion's  sake.  This  de- 
sire was  readily  carried  out.  By  fortunate 


FOREWORD 

chance  the  Crown  owed  Admiral  Penn's 
estate  some  $80,000.  To  pay  this  debt  and 
be  rid  of  an  agitator,  the  shrewd  King 
made  an  easy  adjustment  in  1681  by  hand- 
ing over  to  the  heir  a  vast  province  between 
the  Delaware  and  the  Ohio,  in  return  for 
an  annual  tribute  of  two  beaver  skins,  to 
be  paid  for  ninety-nine  years. 

Here  the  idealist  created  his  elysium  and 
came  as  close  to  making  one  as  the  curious 
animal  he  sought  to  benefit  would  permit. 
The  King  set  forth  in  writing  the  Grant  that 
it  was  due  "  the  memory  and  merits  of  Sir 
William  Penn  in  divers  services,  and  par- 
ticularly his  conduct,  courage  and  discre- 
tion under  our  dearest  brother,  James,  Duke 
of  York,  in  that  signal  battle  and  victory 
fought  and  obtained  against  the  Dutch  fleet 
commanded  by  the  Heer  Van  Opdam,  in 
1665." 

Not  to  be  outdone  by  his  Royal  brother, 
James  threw  in  the  Province  of  Delaware 
to  which  he  held  the  fee,  "  out  of  a  special 
regard  to  the  memory  and  many  faithful 
and  eminent  services  heretofore  performed 
by  the  said  Sir  William  Penn  to  his  Majesty 
and  Royal  Highness."  This  under  date  of 
August  aist,  1682. 

[xiv] 


FOREWORD 

It  was  Perm's  purpose  to  call  his  Paradise 
Sylvania,  because  of  its  wooded  vales,  but 
the  King,  with  his  obligation  to  the  Admiral 
well  in  mind  neatly  prefixed  "  Penn  "  to  the 
fanciful  selection  and  it  became  justly  and 
rightly  "Pennsylvania"  not  in  memory  of 
William,  but  of  his  valiant  father. 

Charles  II  was  an  able  politician  and 
understood  human  nature.  Often  accused 
of  ingratitude  and  seldom  deserving  the 
charge,  with  a  willingness  to  perform  a 
good  action  as  readily  as  a  bad  one,  he 
acted  perhaps  in  languid  memory  of  the 
mistake  made  by  his  heedless  father  when 
he  stayed  the  departure  of  Cromwell  for 
the  New  World,  where  he  had  resolved  to 
go  "and  never  see  England  more,"  —  de- 
termining that  there  should  be  no  repeti- 
tion of  history  so  far  as  he  was  concerned 
by  repressing  a  zealot  in  narrow  quarters 
near  home. 

Thus  Charles  for  once  at  least,  belied  the 
couplet  scrawled  upon  his  chamber  door 
by  the  ribald  Earl  of  Rochester : 

Here  lies  our  sovereign  lord  the  King 
Whose  word  no  man  relies  on; 

He  never  says  a  foolish  thing 
Nor  ever  does  a  wise  one. 

[xv] 


FOREWORD 

His  sayings,  Charles  aptly  replied,  were 
his  own ;  his  acts  those  of  his  ministers.  He 
ordered  well  indeed  when  he  placed  Penn 
where  he  did  in  the  New  World  and  he 
meant  wisely  when  he  decreed  that  the  red 
races  should  possess,  free  and  forever,  the 
lands  beyond  the  Alleghanies.  With  Penn's 
venture  we  need  have  no  more  to  do  than 
to  recall  that  so  long  as  his  control  lasted 
or  his  wishes  extended,  the  Pennsylvania 
Indians  and  their  cousins  of  New  York  and 
Ohio,  were  at  peace  with  the  whites;  that 
his  words  and  those  of  his  agents  were 
trusted;  that  Pennsylvania  sheltered  the 
persecuted  Palatines  and  that  the  Liberty 
Bell  first  rang  in  the  city  he  had  named 
Philadelphia  —  the  City  of  Brotherly  Love! 

The  Trial  here  recited  began  in  London, 
on  the  first  of  September,  1670,  a  fortnight 
before  his  father's  death,  while  the  dis- 
turbance of  which  it  was  the  outgrowth, 
occurred  on  the  fourth  of  August  preceding. 

The  text  is  repeated  from  the  report 
embedded  in  the  second  volume  of  the 
four  great  folios,  comprising  "  A  Compleat 
Collection  of  State  Tryals,"  covering  the 
period  of  English  justice  and  injustice  from 
the  reign  of  King  Henry  the  Fourth  to 
[xvi] 


FOREWORD 

the  end  of  that  of  Anne,  printed  for  six 
venturesome  London  booksellers,  Timothy 
Goodwin,  John  Walthoe,  Benjamin  Tooke, 
John  Darby,  Jacob  Tonson,  and  John 
Walthoe,  Junior,  in  1719,  where  is  found 
this  first  record  of  a  legal  effort  to  punish 
free  speech  among  the  English  race  —  and 
by  the  same  token  to  vindicate  it.  Re- 
ported by  the  accused,  it  no  less  reads 
fair.  The  "Observer"  whose  comments 
interlard  and  conclude  the  "Tryal"  was 
Penn.  It  was  a  rare  proceeding  in  which 
both  prisoners  and  jury  ended  up  in  jail  for 
their  obduracy  in  maintaining  that  right  to 
speak  as  we  may,  which  is  still  one  of  the 
most  difficult  to  maintain,  and  yet  remains 
the  foundation  of  human  liberty. 

D.  C.  S. 

Cos  COB,  CONN., 
March  15,  1919. 


[  xvii  ] 


THE  TRYAL  of  WILLIAM  PENN  and 

WILLIAM  MEAD,  at  the  Sessions  held  at 
the  Old  Baily  in  London,  the  1st,  3d, 
4th,  and  $th  of  September,  l6jO.  Done 
by  themselves. 

PRESENT 

SAM.  STARLING,  Mayor  RICHARD    FORD,    Alder- 

THO.  HOWEL,  Recorder.  man. 

THO.  BLOODWORTH,  JOSEPH  SHELDEN,  Alder- 
Aid  erm.  man. 

WILLIAM  PEAK,  Alderm.  JOHN  SMITH,     )  o,     .„ 

JOHN  ROBINSON,  JAMES  EDWARDS,)  *"*' 

Alderm.  RICHARD  BROWNE. 

CRYER.  O  Yes,  Thomas  Veer,  Edward  Bushel, 
John  Hammond,  Charles  Milson,  Gregory  Walklet, 
John  Brightman,  William  Plumsted,  Henry  Henley, 
Thomas  Damask,  Henry  Michel,  William  Lever, 
John  "Baily. 

The  Form  of  the  OATH. 

"  You  shall  well  and  truly  Try,  and  true 
"  Deliverance  make  betwixt  our  Sovereign 
"  Lord  the  King,  and  the  Prisoners  at  the 
"  Bar,  according  to  your  Evidence.  So 
"  help  you  God." 

That  William  Penn,  Gent,  and  William 
[i] 


THE    TRYAL    OF    WILLIAM    PENN 

Mead,  late  of  London,  Linnen-Draper,  with 
divers  other  Persons  to  the  Jurors  unknown, 
to  the  Number  of  300,  the  i/j-th  Day  of 
August,  in  the  226.  Year  of  the  King,  about 
Eleven  of  the  Clock  in  the  Forenoon,  the 
same  Day,  with  Force  and  Arms,  &c.  in 
the  Parish  of  St.  Bennet  Gracechurch  in 
Bridge-Ward,  London,  in  the  Street  called 
Grace  church-Street,  unlawfully  and  tu- 
multuously  did  Assemble  and  Congregate 
themselves  together,  to  the  Disturbance  of 
the  Peace  of  the  said  Lord  the  King:  And 
the  aforesaid  William  Penn  and  William 
Mead,  together  with  other  Persons  to  the 
Jurors  aforesaid  unknown,  then  and  there 
so  Assembled  and  Congregated  together; 
the  aforesaid  William  Penn,  by  Agreement 
between  him  and  William  Mead  before 
made,  and  by  Abetment  of  the  aforesaid 
William  Mead,  then  and  there,  in  the  open 
Street,  did  take  upon  himself  to  Preach 
and  Speak,  and  then  and  there  did  Preach 
and  Speak  unto  the  aforesaid  William 
Mead,  and  other  Persons  there,  in  the 
Street  aforesaid,  being  Assembled  and  Con- 
gregated together,  by  Reason  whereof  a 
great  Concourse  and  Tumult  of  People  in 
the  Street  aforesaid,  then  and  there,  a  long 
[2] 


AND    WILLIAM    MEAD 

time  did  remain  and  continue,  in  contempt 
of  the  said  Lord  the  King,  and  of  his  Law, 
to  the  great  Disturbance  of  his  Peace;  to 
the  great  Terror  and  Disturbance  of  many 
of  his  Leige  People  and  Subjects,  to  the  ill 
Example  of  all  others  in  the  like  Case 
Offenders,  and  against  the  Peace  of  the  said 
Lord  the  King,  his  Crown  and  Dignity. 

What  say  you,  William  Penn  and  Wil- 
liam Mead,  are  you  Guilty,  as  you  stand 
indicted,  in  Manner  and  Form,  as  afore- 
said, or  Not  Guilty? 

PENN.  It  is  impossible,  that  we  should 
be  able  to  remember  the  Indictment  ver- 
batim, and  therefore  we  desire  a  Copy  of  it, 
as  is  customary  in  the  like  Occasions. 

RECORDER.  You  must  first  plead  to  the 
Indictment,  before  you  can  have  a  Copy 
of  it. 

PEN.  I  am  unacquainted  with  the  For- 
mality of  the  Law,  and  therefore,  before 
I  shall  answer  directly,  I  request  two  Things 
of  the  Court.  First,  that  no  Advantage  may 
be  taken  against  me,  nor  I  deprived  of  any 
Benefit,  which  I  might  otherwise  have  re- 
ceived. Secondly,  that  you  will  promise 
me  a  fair  hearing,  and  liberty  of  making 
my  Defence. 

[3] 


THE    TRYAL    OF    WILLIAM    PENN 

COURT.  No  Advantage  shall  be  taken 
against  you;  you  shall  have  Liberty;  you 
shall  be  heard. 

PEN.  Then  I  plead  Not  guilty  in  Man- 
ner and  Form. 

CLERK.  What  sayest  thou,  William 
Mead,  art  thou  Guilty  in  Manner  and 
Form,  as  thou  standest  indicted,  or  Not 
guilty? 

MEAD.  I  shall  desire  the  same  Liberty 
as  is  promised  William  Penn. 

COURT.     You  shall  have  it. 

MEAD.  Then  I  plead  Not  guilty  in 
Manner  and  Form. 

The  Court  adjourn'd  until  the  Afternoon. 

CRYER.    O  Yes,  &c. 

CLER.  Bring  William  Penn  and  Wil- 
liam Mead  to  the  Bar. 

OBSERV.  The  said  Prisoners  were 
brought,  but  were  set  aside,  and  other 
Business  prosecuted.  Where  we  cannot 
choose  but  observe,  that  it  was  the  constant 
and  unkind  Practices  of  the  Court  to  the 
Prisoners,  to  make  them  wait  upon  the 
Trials  of  Felons  and  Murderers,  thereby 
designing,  in  all  probability,  both  to  affront 
and  tire  them. 

[4] 


AND    WILLIAM    MEAD 

After  five  Hours  Attendance,  the  Court 
broke  up  and  adjourned  to  the  third  Instant. 

The  third  of  September  1670,  the  Court 
sate. 


CRYER.    O  Yes, 

CLER.  Bring  William  Penn  and  Wil- 
liam Mead  to  the  Bar. 

MAYOR.  Sirrah,  who  bid  you  put  off 
their  Hats?  Put  on  their  Hats  again. 

OfiSER.  Whereupon  one  of  the  Officers 
putting  the  Prisoners  Hats  upon  their 
Heads  (pursuant  to  the  Order  of  the 
Court)  brought  them  to  the  Bar. 

RECORD.     Do  you  know  where  you  are? 

PEN.    Yes. 

RECORD.  Do  not  you  know  it  is  the 
King's  Court? 

PEN.  I  know  it  to  be  a  Court,  and  I 
suppose  it  to  be  the  King's  Court. 

RECORD.  Do  you  not  know  there  is  Re- 
spect due  to  the  Court? 

PEN.    Yes. 

RECORD.    Why  do  you  not  pay  it  then? 

PEN.     I  do  so. 

RECORD.  Why  do  you  not  pull  off  your 
Hat  then? 

[5] 


THE    TRYAL    OF    WILLIAM    PENN 

PEN.  Because  I  do  not  believe  that  to 
be  any  Respect. 

RECORD.  Well,  the  Court  sets  forty 
Marks  a  piece  upon  your  Heads,  as  a  Fine 
for  your  Contempt  of  the  Court. 

PEN.  I  desire  it  might  be  observed,  that 
we  came  into  the  Court  with  our  Hats  off 
(that  is,  taken  off)  and  if  they  have  been 
put  on  since,  it  was  by  Order  from  the 
Bench ;  and  therefore  not  we,  but  the  Bench 
should  be  fined. 

MEAD.  I  have  a  Question  to  ask  the  Re- 
corder. Am  I  fined  also? 

RECORD.    Yes. 

MEAD.  I  desire  the  Jury,  and  all  People 
to  take  notice  of  this  Injustice  of  the  Re- 
corder; who  spake  to  me  to  pull  off  my 
Hat?  and  yet  hath  he  put  a  Fine  upon  my 
Head.  O  fear  the  Lord,  and  dread  his 
Power,  and  yield  to  the  Guidance  of  his 
Holy  Spirit,  for  he  is  not  far  from  every 
one  of  you. 

The  Jury  sworn  again. 

OBSER.     /.  Robinson,  Lieutenant  of  the 

Tower,  disingenuously  objected  against — — 

Bushel,  as  if  he  had  not  kiss'd  the  Book,  and 

therefore  would   have  him  sworn   again; 

[6] 


AND    WILLIAM    MEAD 

tho'  indeed  it  was  on  purpose  to  have  made 
use  of  his  Tenderness  of  Conscience  in 
avoiding  reiterated  Oaths,  to  have  put  him 
by  his  being  a  Jury-man,  apprehending  him 
to  be  a  Person  not  fit  to  answer  their  Ar- 
bitrary Ends. 

The  Clerk  read  the  Indictment,  as  afore- 
said. 

CLERK.  Cryer,  Call  James  Cook  into 
the  Court,  give  him  his  Oath. 

CLERK.  James  Cook,  lay  your  Hand 
upon  the  Book. 

The  Evidence  you  shall  give  to  the  Court, 
betwixt  our  Sovereign  the  King,  and  the 
Prisoners  at  the  Bar,  shall  be  the  Truth, 
and  the  whole  Truth,  and  nothing  but  the 
Truth.  So  help  you  God. 

COOK.  I  was  sent  for,  from  the  Ex- 
change, to  go  and  disperse  a  Meeting  in 
Gracechurch-Street,  where  I  saw  Mr.  Penn 
speaking  to  the  People,  but  I  could  not 
hear  what  he  said,  because  of  the  Noise; 
I  endeavoured  to  make  way  to  take  him, 
but  I  could  not  get  to  him  for  the  Crowd  of 
People;  upon  which  Capt.  Mead  came  to 
[7] 


THE    TRYAL    OF    WILLIAM    PENN 

me,  about  the  Kennel  of  the  Street,  and 
desired  me  to  let  him  go  on;  for  when 
he  had  done,  he  would  bring  Mr.  Penn 
to  me. 

COURT.  What  Number  do  you  think 
might  be  there? 

COOK.  About  three  or  four  Hundred 
People. 

COURT.  Call  Richard  Read,  give  him 
his  Oath. 

READ  being  sworn  was  ask'd,  what  do  you 
know  concerning  the  Prisoners  at  the  Bar? 

READ.  My  Lord,  I  went  to  Gracechurch- 
Street,  where  I  found  a  great  Crowd  of 
People,  and  I  heard  Mr.  Penn  preach  to 
them;  and  I  saw  Capt.  Mead  speaking  to 
Lieutenant  Cook,  but  what  he  said,  I  could 
not  tell. 

MEAD.     What  did  William  Penn  say? 

READ.  There  was  such  a  great  Noise, 
that  I  could  not  tell  what  he  said. 

MEAD.  Jury,  observe  this  Evidence,  He 
saith  he  heard  him  Preach,  and  yet  faith, 
he  doth  not  know  what  he  said. 

Jury,  take  notice,  he  swears  now  a  clean 

contrary  thing  to  what  he  swore  before  the 

Mayor  when  we  were  committed :  For  now 

he  swears  that  he  saw  me  in  Gracechurch- 

[8] 


AND    WILLIAM    MEAD 

Street,  and  yet  swore  before  the  Mayor, 
when  I  was  committed,  that  he  did  not  see 
me  there.  I  appeal  to  the  Mayor  himself, 
if  this  be  not  true.  But  no  Answer  was 
given. 

COURT.  What  Number  do  you  think 
might  be  there? 

READ.     About  four  or  five  hundred. 

PENN.  I  desire  to  know  of  him  what 
Day  it  was? 

READ.    The  i4th  Day  of  August. 

PEN.  Did  he  speak  to  me,  or  let  me 
know  he  was  there;  for  I  am  very  sure  I 
never  saw  him. 

CLER.     Cryer,    call into    the 

Court. 

CLER.     Give  him  his  Oath. 

My  Lord,  I  saw  a  great  Number  of 

People,  and  Mr.  Penn  I  suppose  was  speak- 
ing; I  see  him  make  a  Motion  with  his 
Hands,  and  heard  some  Noise,  but  could 
not  understand  what  he  said.  But  for  Capt. 
Mead,  I  did  not  see  him  there, 

REC.  What  say  you,  Mr.  Mead,  were 
you  there? 

•     MEAD.     It  is  a  Maxim  in  your  own  Law, 

Nemo  tenetur  accusare  seipsum^  which  if  it 

be  not  true  Latin,  I  am  sure  it  is  true  Eng- 

[9] 


THE    TRYAL    OF    WILLIAM    PENN 

lish,  That  no  Man  is  bound  to  accuse  him- 
self: And  why  dost  thou  offer  to  ensnare 
me  with  such  a  Question?  Doth  not  this 
shew  thy  Malice?  Is  this  like  unto  a  Judge, 
that  ought  to  be  Counsel  for  the  Prisoner 
at  the  Bar? 

REC.  Sir,  hold  your  Tongue,  I  did  not 
go  about  to  ensnare  you. 

PEN.  I  desire  we  may  come  more  close 
to  the  Point,  and  that  Silence  be  commanded 
in  the  Court. 

CRY.  O  yes,  all  manner  of  Persons  keep 

Silence  upon  Pain  of  Imprisonment 

Silence  Court. 

PEN.  We  confess  our  selves  to  be  so  far 
from  recanting,  or  declining  to  vindicate 
the  Assembling  of  our  selves  to  Preach, 
Pray,  or  Worship  the  Eternal,  Holy,  Just 
God,  that  we  declare  to  all  the  World,  that 
we  do  believe  it  to  be  our  indispensable 
Duty,  to  meet  incessantly  upon  so  good  an 
Account;  nor  shall  all  the  Powers  upon 
Earth  be  able  to  divert  us  from  reverencing 
and  adoring  our  God  who  made  it. 

BROWN.  You  are  not  here  for  worship- 
ping God,  but  for  breaking  the  Law;  you 
do  yourselves  a  great  deal  of  Wrong  in 
going  on  in  that  Discourse. 

[10] 


AND    WILLIAM    MEAD 

PEN.  I  affirm  I  have  broken  no  Law, 
nor  am  I  guilty  of  the  Indictment  that  is 
laid  to  my  Charge;  and  to  the  End  the 
Bench,  the  Jury,  and  my  self,  with  these  that 
hear  us,  may  have  a  more  direct  Under- 
standing of  this  Procedure,  I  desire  you 
would  let  me  know  by  what  Law  it  is  you 
prosecute  me,  and  upon  what  Law  you 
ground  my  Indictment. 

REC.     Upon  the  Common  Law. 

PEN.     Where  is  that  Common  Law? 

REC.  You  must  not  think  that  I  am  able 
to  run  up  so  many  Years,  and  over  so  many 
adjudged  Cases,  which  we  call  Common 
Law,  to  answer  your  Curiosity. 

PEN.  This  Answer  I  am  sure  is  very 
short  of  my  Question,  for  if  it  be  Common, 
it  should  not  be  so  hard  to  produce. 

REC.  Sir,  will  you  plead  to  your  In- 
dictment? 

PEN.  Shall  I  plead  to  an  Indictment 
that  hath  no  Foundation  in  Law?  If  it 
contain  that  Law  you  say  I  have  broken, 
why  should  you  decline  to  produce  that 
Law,  since  it  will  be  impossible  for  the 
Jury  to  determine,  or  agree  to  bring  in 
their  Verdict,  who  have  not  the  Law  pro- 
duced, by  which  they  should  measure  the 


THE    TRYAL    OF    WILLIAM    PENN 

Truth  of  this  Indictment,  and  the  Guilt,  or 
contrary  of  my  Fact? 

REC.  You  are  a  sawcy  Fellow,  speak  to 
the  Indictment. 

PEN.  I  say,  it  is  my  place  to  speak  to 
Matter  of  Law;  I  am  arraign'd  a  Prisoner; 

™  -  ., .  .  my  Liberty,  which  is  next 
Obser.  At  this  time  JT  .  .  J'  . 

several  upon  the  to  Life  it  Self,  IS  now  COn- 

Bench  urged  hard  ccrned :  You  are  many 
upon  the  Prisoner  Mouths  and  Ears  against 

to  bear  him  down.  ,   . ,  T  , 

me,  and  if  1  must  not  be 
allowed  to  make  the  best  of  my  Case,  it  is 
hard.  I  say  again,  unless  you  shew  me,  and 
the  People,  the  Law  you  ground  your  In- 
dictment upon,  I  shall  take  it  for  granted 
your  Proceedings  are  meerly  Arbitrary. 

REC.  The  Question  is,  whether  you  are 
guilty  of  this  Indictment? 

PEN.  The  Question  is  not  whether  I  am 
guilty  of  this  Indictment,  but  whether  this 
Indictment  be  legal.  It  is  too  general  and 
imperfect  an  Answer,  to  say  it  is  the  Com- 
mon Law,  unless  we  knew  both  where,  and 
what  it  is :  For  where  there  is  no  Law,  there 
is  no  Transgression;  and  that  Law  which  is 
not  in  being,  is  so  far  from  being  Common, 
that  it  is  no  Law  at  all. 

REC.     You  are  an  impertinent  Fellow, 

[12] 


AND    WILLIAM    MEAD 

will  you  teach  the  Court  what  Law  is? 
It's  Lex  non  scripta,  that  which  many  have 
studied  thirty  or  forty  Years  to  know,  and 
would  you  have  me  to  tell  you  in  a  Moment? 

PEN.  Certainly,  if  the  Common  Law 
be  so  hard  to  be  understood,  it's  far  from 
being  very  Common;  but  if  the  Lord  Cook, 
in  his  Institutes,  be  of  any  Consideration, 
he  tells  us,  That  Common  Law  is  Common 
Right,  and  that  Common  Right  is  the  Great 
Charter-Privileges:  Confirmed  9  Hen.  3. 
29.  25  Ed<w.  I.  i.  2  Ed<w.  3.  8.  Cook 
Instit.  2  p.  56. 

REC.  Sir,  you  are  a  troublesome  Fellow, 
and  it  is  not  for  the  Honour  of  the  Court 
to  suffer  you  to  go  on. 

PEN.  I  have  asked  but  one  Question, 
and  you  have  not  answer'd  me;  tho'  the 
Rights  and  Privileges  of  every  Englishman 
be  concerned  in  it. 

REC.  If  I  should  suffer  you  to  ask  Ques- 
tions till  to  Morrow  Morning,  you  would 
be  never  the  wiser. 

PEN.  That  is  according  as  the  Answers 
are. 

REC.  Sir,  we  must  not  stand  to  hear  you 
talk  all  Night. 

PEN.  I  design  no  Affront  to  the  Court, 
[13] 


THE    TRYAL    OF    WILLIAM    PENN 

but  to  be  heard  in  my  just  Plea :  And  I  must 
plainly  tell  you,  that  if  you  will  deny  me 
Oyer  of  that  Law,  which  you  suggest  I  have 
broken,  you  do  at  once  deny  me  an  acknowl- 
edged Right,  and  evidence  to  the  whole 
World  your  Resolution  to  sacrifice  the 
Privileges  of  Englishmen  to  your  sinister 
and  Arbitrary  Designs. 

REC.  Take  him  away.  My  Lord,  if 
you  take  not  some  Course  with  this  pestilent 
Fellow,  to  stop  his  Mouth,  we  shall  not  be 
able  to  do  any  thing  to  Night. 

MAYOR.  Take  him  away,  take  him  away, 
turn  him  into  the  Bale-dock. 

PEN.  These  are  but  so  many  vain  Ex- 
clamations; is  this  Justice  or  true  Judg- 
ment? Must  I  therefore  be  taken  away  be- 
cause I  plead  for  the  Fundamental  Laws  of 
England?  However,  this  I  leave  upon  your 
Consciences,  who  are  of  the  Jury  (and  my 
sole  Judges)  that  if  these  Ancient  Funda- 
mental Laws,  which  relate  to  Liberty  and 
Property,  and  (are  not  limited  to  particular 
Persuasions  in  Matters  of  Religion)  must 
not  be  indispensibly  maintained  and  ob- 
served. Who  can  say  he  hath  Right  to  the 
Coat  upon  his  Back?  Certainly  our  Liber- 
ties are  openly  to  be  invaded,  our  Wives 


AND    WILLIAM    MEAD 

to  be  ravished,  our  Children  slaved,  our 
Families  ruined,  and  our  Estates  led  away 
in  Triumph,  by  every  sturdy  Beggar  and 
malicious  Informer,  as  their  Trophies,  but 
our  (pretended)  Forfeits  for  Conscience 
sake.  The  Lord  of  Heaven  and  Earth  will 
be  Judge  between  us  in  this  Matter. 

REC.     Be  silent  there. 

PEN.  I  am  not  to  be  silent  in  a  Case 
wherein  I  am  so  much  concerned,  and 
not  only  my  self,  but  many  ten  thousand 
Families  besides. 

OBSER.  They  having  rudely  haled  him 
into  the  Bale-dock,  William  Mead  they  left 
in  Court,  who  spake  as  followeth. 

MEAD.  You  Men  of  the  Jury,  here  I  do 
now  stand,  to  answer  to  an  Indictment 
against  me,  which  is  a  Bundle  of  Stuff,  full 
of  Lyes  and  Falshoods;  for  therein  I  am 
accused,  that  I  met  Vi  &  armis,  illicite  & 
tumultuose:  Time  was,  when  I  had  Free- 
dom to  use  a  carnal  Weapon,  and  then  I 
thought  I  feared  no  Man;  but  now  I  fear 
the  Living  God,  and  dare  not  make  use 
thereof,  nor  hurt  any  Man;  nor  do  I  know 
I  demeaned  my  self  as  a  tumultuous  Person : 
I  say,  I  am  a  peaceable  Man,  therefore  it 
is  a  very  proper  Question  what  William 


THE    TRYAL    OF    WILLIAM    PENN 

Penn  demanded  in  this  Case,  An  Oyer 
of  the  Law,  in  which  our  Indictment  is 
grounded. 

REC.  I  have  made  Answer  to  that  al- 
ready. 

MEAD.  Turning  his  Face  to  the  Jury, 
saith,  you  Men  of  the  Jury,  who  are  my 
Judges,  if  the  Recorder  will  not  tell  you 
what  makes  a  Riot,  a  Rout,  or  an  unlawful 
Assembly,  Cook,  he  that  once  they  called 
the  Lord  Cook,  tells  us  what  makes  a  Riot, 

a   Rout,   and   an  unlawful  Assembly 

A  Riot  is  when  three,  or  more,  are  met 
together  to  beat  a  Man,  or  to  enter  forcibly 
into  another  Man's  Land,  to  cut  down  his 
Grass,  his  Wood,  or  break  down  his  Pales. 

OBSER.  Here  the  Recorder  interrupted 
him,  and  said,  I  thank  you  Sir,  that  you 
will  tell  me  what  the  Law  is,  scornfully 
pulling  off  his  Hat. 

MEAD.  Thou  mayst  put  on  thy  Hat,  I 
have  never  a  Free  for  thee  now. 

BROWN.  He  talks  at  random,  one  while 
an  Independent,  another  while  some  other 
Religion,  and  now  a  Quaker,  and  next  a 
Papist. 

MEAD.  Turpe  est  doctori  cum  culpa 
redarguit  ad  ipsum. 

[16] 


AND    WILLIAM    MEAD 

MAY.  You  deserve  to  have  your  Tongue 
cut  out. 

REC.  If  you  discourse  on  this  Manner, 
I  shall  take  Occasion  against  you. 

MEAD.  Thou  didst  promise  me,  I  should 
have  fair  Liberty  to  be  heard ;  why  may  I 
not  have  the  Privilege  of  an  Englishman? 
I  am  an  Englishman,  and  you  might  be 
ashamed  of  this  dealing. 

REC.  I  look  upon  you  to  be  an  Enemy 
to  the  Laws  of  England,  which  ought  to  be 
observed  and  kept,  nor  are  you  worthy  of 
such  Privileges,  as  others  have. 

MEAD.  The  Lord  is  Judge  between  me 
and  thee  in  this  Matter. 

OBSER.  Upon  which  they  took  him  away 
into  the  Bale-dock,  and  the  Recorder  pro- 
ceeded to  give  the  Jury  their  Charge,  as 
followeth. 

REC.  You  have  heard  what  the  Indict- 
ment is.  It  is  for  preaching  to  the  People, 
and  drawing  a  tumultuous  Company  after 
them,  and  Mr.  Penn  was  speaking;  if  they 
should  not  be  disturbed,  you  see  they  will 
go  on;  there  are  three  or  four  Witnesses 
that  have  proved  this,  that  he  did  preach 
there;  that  Mr.  Mead  did  allow  of  it;  after 
this,  you  have  heard  by  substantial  Wit- 
[17] 


THE    TRYAL    OF    WILLIAM    PENN 

nesses  what  is  said  against  them:  Now  we 
are  upon  the  Matter  of  Fact,  which  you  are 
to  keep  to,  and  observe,  as  what  hath  been 
fully  sworn,  at  your  Peril. 

OBSER.  The  Prisoners  were  put  out  of 
the  Court  into  the  Bale-dock,  and  the 
Charge  given  to  the  Jury  in  their  Absence, 
at  which  W '.  P.  with  a  very  raised  Voice,  it 
being  a  considerable  distance  from  the 
Bench,  spake. 

PEN.  I  appeal  to  the  Jury,  who  are  my 
Judges,  and  this  great  Assembly,  whether 
the  Proceedings  of  the  Court  are  not  most 
Arbitrary,  and  void  of  all  Law,  in  offering 
to  give  the  Jury  their  Charge  in  the  Absence 
of  the  Prisoners;  I  say,  it  is  directly  op- 
posite to,  and  destructive  of,  the  undoubted 
Right  of  every  English  Prisoner,  as  Cook 
in  the  2  Instil.  29.  on  the  Chap,  of  Magna 
Charta,  speaks. 

OBSER.  The  Recorder  being  thus  unex- 
pectedly lash'd  for  his  extrajudicial  Pro- 
cedure, said,  with  an  inraged  Smile. 

REC.  Why,  ye  are  present,  you  do  hear, 
do  you  not? 

PEN.  No  thanks  to  the  Court,  that  com- 
manded me  into  the  Bale-dock;  and  you  of 
the  Jury  take  notice,  that  I  have  not  been 
[18] 


AND    WILLIAM    MEAD 

heard,  neither  can  you  legally  depart  the 
Court,  before  I  have  been  fully  heard, 
having  at  least  ten  or  twelve  material 
Points  to  offer,  in  order  to  invalid  their 
Indictment. 

REG.  Pull  that  Fellow  down,  pull  him 
down. 

MEAD.  Are  these  according  to  the  Rights 
and  Privileges  of  Englishmen,  that  we 
should  not  be  heard,  but  turned  into  the 
Bale-dock,  for  making  our  Defence,  and 
the  Jury  to  have  their  Charge  given  them 
in  our  Absence;  I  say  these  are  barbarous 
and  unjust  Proceedings. 

REC.  Take  them  away  into  the  Hole: 
To  hear  them  talk  all  Night,  as  they  would, 
that  I  think  doth  not  become  the  Honour 
of  the  Court,  and  I  think  you  (i.  e.  the  Jury) 
your  selves  would  be  tired  out,  and  not  have 
Patience  to  hear  them. 

OBSER.  The  Jury  were  commanded  up 
to  agree  upon  their  Verdict,  the  Prisoners 
remaining  in  the  stinking  Hole.  After  a-n 
Hour  and  half's  time  eight  came  down 
agreed,  but  four  remained  above ;  the  Court 
sent  an  Officer  for  them,  and  they  accord- 
ingly came  down.  The  Bench  used  many 
unworthy  Threats  to  the  four  that  dissented ; 
[19] 


THE    TRYAL    OF    WILLIAM    PENN 

and  the  Recorder,  addressing  himself  to 
Bushel,  said,  Sir,  You  are  the  Cause  of  this 
Disturbance,  and  manifestly  shew  your  self 
an  Abettor  of  Faction;  I  shall  set  a  Mark 
upon  you,  Sir. 

J.  ROBINSON.  Mr.  Bushel,  I  have  known 
you  near  this  fourteen  Years;  you  have 
thrust  your  self  upon  this  Jury,  because  you 
think  there  is  some  Service  for  you.  I  tell 
you,  you  deserve  to  be  indicted  more  than 
any  Man  that  hath  been  brought  to  the  Bar 
this  Day. 

BUSHEL.  No,  Sir  John,  there  were 
threescore  before  me,  and  I  would  willingly 
have  got  off,  but  could  not. 

BLOODW.  I  said,  when  I  saw  Mr.  Bushel, 
what  I  see  is  come  to  pass,  for  I  knew  he 
would  never  yield.  Mr.  Bushel,  we  know 
what  you  are. 

MAY.  Sirrah,  you  are  an  impudent 
Fellow,  I  will  put  a  Mark  upon  you. 

OBSER.  They  used  much  menacing  Lan- 
guage, and  behaved  themselves  very  im- 
periously to  the  Jury,  as  Persons  not  more 
void  of  Justice  than  sober  Education:  After 
this  barbarous  Usage,  they  sent  them  to  con- 
sider of  bringing  in  their  Verdict,  and  after 
some  considerable  time  they  returned  to  the 

[20] 


AND    WILLIAM    MEAD 

Court.  Silence  was  call'd  for,  and  the  Jury 
call'd  by  their  Names. 

CLER.  Are  you  agreed  upon  your  Ver- 
dict? 

JURY.    Yes. 

CLER.    Who  shall  speak  for  you? 

JURY.     Our  Fore-man. 

CLER.  Look  upon  the  Prisoners  at  the 
Bar.  How  say  you?  Is  William  Penn 
Guilty  of  the  Matter  whereof  he  stands 
indicted  in  Manner  and  Form,  or  Not 
Guilty? 

FORE-M.  Guilty  of  Speaking  in  Grace- 
church-Street. 

COURT.     Is  that  all? 

FORE-M.  That  is  all  I  have  in  Com- 
mission. 

REC.     You  had  as  good  say  nothing. 

MAY.  Was  it  not  an  unlawful  Assembly? 
You  mean  he  was  speaking  to  a  Tumult  of 
People  there? 

FORE-M.  My  Lord,  This  is  all  I  had  in 
Commission. 

OBSER.  Here  some  of  the  Jury  seemed 
to  buckle  to  the  Questions  of  the  Court; 
upon  which,  Bushel,  Hammond,  and  some 
others,  opposed  themselves,  and  said,  they 
allowed  of  no  such  Word,  as  an  unlawful 

[21] 


THE    TRYAL    OF    WILLIAM    PENN 

Assembly  in  their  Verdict;  at  which  the 
Recorder,  Mayor,  Robinson  and  Blood- 
worth  took  great  occasion  to  villifie  them 
with  most  opprobrious  Language;  and  this 
Verdict  not  serving  their  Turns,  the  Re- 
corder express'd  himself  thus. 

REC.  The  Law  of  England  will  not 
allow  you  to  part  till  you  have  given  in 
your  Verdict. 

JURY.  We  have  given  in  our  Verdict, 
and  we  can  give  in  no  other. 

REC.  Gentlemen,  you  have  not  given  in 
your  Verdict,  and  you  had  as  good  say 
nothing;  therefore  go  and  consider  it  once 
more,  that  we  may  make  an  end  of  this 
troublesome  Business. 

JURY.  We  desire  we  may  have  Pen,  Ink 
and  Paper. 

OBSER.  The  Court  adjourn'd  for  half 
an  Hour;  which  being  expired,  the  Court 
returns,  and  the  Jury  not  long  after. 

The  Prisoners  were  brought  to  the  Bar, 
and  the  Jury's  Names  called  over. 

CLER.     Are  you  agreed  of  your  Verdict? 

JUR.     Yes. 

CLER.     Who  shall  speak  for  you? 

JUR.     Our  Fore-man. 

CLER.  What  say  you,  look  upon  the 
[22] 


AND    WILLIAM    MEAD 

Prisoners:  Is  William  Penn  Guilty  in  Man- 
ner and  Form,  as  he  stands  indicted,  or  Not 
Guilty? 

FoRE-M.  Here  is  our  Verdict,  holding 
forth  a  piece  of  Paper  to  the  Clerk  of  the 
Peace,  which  follows; 

We  the  Jurors,  hereafter  named,  do  find 
William  Penn  to  be  Guilty  of  Speaking  or 
Preaching  to  an  Assembly,  met  together 
in  Gracechurch-Street,  the  1 4th  of  August 
last,  1670.  And  that  William  Mead  is  Not 
guilty  of  the  said  Indictment. 

Fore-m.     Thomas  Veer,  Charles  Milson, 

Edward  Bushel,  Gregory   Walklet, 

John  Hammond,  John  Baily, 

Henry  Henley,  William  Lever, 

Henry  Michel,  James  Damask, 

John  Brightman,  Wil.  Plumsted. 

OBSER.  This  both  Mayor  and  Recorder 
resented  as  so  high  a  rate,  that  they  exceeded 
the  Bounds  of  all  Reason  and  Civility. 

MAY.  What  will  you  be  led  by  such  a 
silly  Fellow  as  Bushel?  an  impudent  cant- 
ing Fellow?  I  warrant  you,  you  shall  come 
no  more  upon  Juries  in  haste:  You  are  a 
Fore-man  indeed,  addressing  himself  to  the 
Fore-man,  I  thought  you  had  understood 
your  Place  better. 

[23] 


THE    TRYAL    OF    WILLIAM    PENN 

REC.  Gentlemen,  you  shall  not  be  dis- 
mist  till  we  have  a  Verdict,  that  the  Court 
will  accept;  and  you  shall  be  lock'd  up, 
without  Meat,  Drink,  Fire,  and  Tobacco; 
you  shall  not  think  thus  to  abuse  the  Court; 
we  will  have  a  Verdict,  by  the  help  of  God, 
or  you  shall  starve  for  it. 

PEN.  My  Jury,  who  are  my  Judges, 
ought  not  to  be  thus  menaced ;  their  Verdict 
should  be  free,  and  not  compelled;  the 
Bench  ought  to  wait  upon  them,  but  not 
forestall  them.  I  do  desire  that  Justice 
may  be  done  me,  and  that  the  Arbitrary 
Resolves  of  the  Bench  may  not  be  made  the 
Measure  of  my  Jury's  Verdict. 

REC.  Stop  that  prating  Fellow's  Mouth, 
or  put  him  out  of  the  Court. 

MAY.  You  have  heard  that  he  preach'd, 
that  he  gathered  a  Company  of  tumultuous 
People,  and  that  they  do  not  only  disobey 
the  Martial  Power,  but  Civil  also. 

PEN.  It  is  a  great  Mistake ;  we  did  not 
make  the  Tumult,  but  they  that  interrupted 
us:  The  Jury  cannot  be  so  ignorant,  as  to 
think,  that  we  met  there,  with  a  Design  to 
disturb  the  Civil  Peace,  since  (ist.)  we 
were  by  Force  of  Arms  kept  out  of  our  law- 
ful House,  and  met  as  near  it  in  the  Street, 
[24] 


AND    WILLIAM    MEAD 

as  their  soldiers  would  give  us  leave;  and 
(zdly.)  because  it  was  no  new  thing  (nor 
with  the  Circumstances  expres'd  in  the  In- 
dictment) but  what  was  usual  and  customary 
with  us;  'tis  very  well  known  that  we  are 
a  peaceable  People,  and  cannot  offer  Vio- 
lence to  any  Man. 

OBSER.  The  Court  being  ready  to  break 
up,  and  willing  to  huddle  the  Prisoners  to 
their  Goal,  and  the  Jury  to  their  Chamber, 
Penn  spoke  as  follows : 

PEN.  The  Agreement  of  Twelve  Men 
is  a  Verdict  in  Law,  and  such  a  one  being 
given  by  the  Jury,  I  require  the  Clerk  of 
the  Peace  to  record  it,  as  he  will  answer  it 
at  his  Peril.  And  if  the  Jury  bring  in  an- 
other Verdict  contradictory  to  this,  I  affirm 
they  are  perjur'd  Men  in  Law.  And  look- 
ing upon  the  Jury,  said,  You  are  English- 
men, mind  your  Privilege,  give  not  away 
your  Right. 

BUSH.  &c.     Nor  will  we  ever  do  it. 

OBSER.  One  of  the  Jury-men  pleaded 
Indisposition  of  Body,  and  therefore  de- 
sired to  be  dismist. 

MAY.  You  are  as  strong  as  any  of 
them;  starve  with  them;  and  hold  your 
Principles. 

[25] 


THE    TRYAL    OF    WILLIAM    PENN 

REC.  Gentlemen,  You  must  be  contented 
with  your  hard  Fate,  let  your  Patience  over- 
come it;  for  the  Court  is  resolved  to  have 
a  Verdict,  and  that  before  you  can  be 
dismist. 

JURY.  We  are  agreed,  we  are  agreed, 
we  are  agreed. 

OBSER.  The  Court  swore  several  Per- 
sons, to  keep  the  Jury  all  Night  without 
Meat,  Drink,  Fire,  or  any  other  Accommo- 
dation; they  had  not  so  much  as  a  Chamber- 
pot, tho'  desired. 

CRY.    O  Yes,  &c. 

OBSER.  The  Court  adjourns  till  Seven 
of  the  Clock  next  Morning  (being  the  4th 
Instant,  vulgarly  call'd  Sunday)  at  which 
time  the  Prisoners  were  brought  to  the  Bar : 
The  Court  sat,  and  the  Jury  called  to  bring 
in  their  Verdict. 

CRY.  O  Yes,  &c.  Silence  in  the 

Court,  upon  pain  of  Imprisonment. 

The  Jury's  Names  called  over. 

CLER.  Are  you  agreed  upon  your  Ver- 
dict? 

JUR.     Yes. 

CLER.     Who  shall  speak  for  you? 

JUR.     Our  Fore-man. 

CLER.  What  say  you?  Look  upon  the 
[26] 


AND    WILLIAM    MEAD 

Prisoners  at  the  Bar.  Is  William  Penn 
Guilty  of  the  Matter  whereof  he  stands  in- 
dicted, in  Manner  and  Form  as  aforesaid, 
or  Not  guilty? 

FORE-M.  William  Penn  is  guilty  of 
Speaking  in  Grace  church-Street. 

MAY.    To  an  unlawful  Assembly? 

BUSH.  No,  my  Lord,  we  give  no  other 
Verdict  than  what  we  gave  last  Night;  we 
have  no  other  Verdict  to  give. 

MAY.  You  are  a  factious  Fellow,  I'll 
take  a  Course  with  you. 

BLOOD.  I  knew  Mr.  Bushel  would  not 
yield. 

BUSH.  Sir  Thomas  I  have  done  accord- 
ing to  my  Conscience. 

MAY.  That  Conscience  of  yours  would 
cut  my  Throat. 

BUSH.     No,  my  Lord,  it  never  shall. 

MAY.  But  I  will  cut  yours  so  soon  as 
I  can. 

REC.  He  has  inspired  the  Jury;  he  has 
the  Spirit  of  Divination,  methinks  I  feel 
him.  I  will  have  a  positive  Verdict,  or 
you  shall  starve  for  it. 

PEN.     I  desire  to  ask  the  Recorder  one 
Question,   Do  you   allow  of   the   Verdict 
given  of  William  Mead? 
[27] 


THE    TRYAL    OF    WILLIAM    PENN 

REC.  It  cannot  be  a  Verdict,  because 
you  were  indicted  for  a  Conspiracy,  and 
one  being  found  Not  guilty,  and  not  the 
other,  it  could  not  be  a  Verdict. 

PEN.  If  Not  guilty  be  not  a  Verdict, 
then  you  make  of  the  Jury  and  Magna 
Charta  but  a  meer  Nose  of  Wax. 

MEAD.     How!  is  Not  guilty  no  Verdict? 

REC.     No,  'tis  no  Verdict. 

PEN.  I  affirm,  that  the  Consent  of  a  Jury 
is  a  Verdict  in  Law;  and  if  William  Mead 
be  Not  guilty,  it  consequently  follows,  that 
I  am  clear,  since  you  have  indicted  us  of  a 
Conspiracy,  and  I  could  not  possibly  con- 
spire alone. 

OfiSER.  There  were  many  Passages,  that 
could  not  be  taken,  which  past  between  the 
Jury  and  the  Court.  The  Jury  went  up 
again,  having  received  a  fresh  Charge  from 
the  Bench,  if  possible  to  extort  an  unjust 
Verdict 

CRY.     O  Yes,  &c.      Silence  in  the  Court. 

COUR.  Call  over  the  Jury.  Which  was 
done. 

CLER.  What  say  you?  Is  William  Penn 
Guilty  of  the  Matter  whereof  he  stands  in- 
dicted, in  Manner  and  Form  aforesaid,  or 
Not  Guilty? 

[28] 


AND    WILLIAM    MEAD 

FORE-MAN.  Guilty  of  speaking  in  Grace- 
church-Street. 

REC.  What  is  this  to  the  Purpose?  I 
say,  I  will  have  a  Verdict.  And  speaking 
to  Edw.  Bushel,  said,  You  are  a  factious 
Fellow;  I  will  set  a  Mark  upon  you;  and 
whilst  I  have  anything  to  do  in  the  City, 
I  will  have  an  eye  upon  you. 

MAY.  Have  you  no  more  Wit  than  to 
be  led  by  such  a  pitiful  Fellow?  I  will  cut 
his  Nose. 

PEN.  It  is  intolerable  that  my  Jury 
should  be  thus  menaced :  Is  this  according 
to  the  Fundamental  Laws?  Are  not  they 
my  proper  Judges  by  the  great  Charter  of 
England?  What  hope  is  there  of  ever  hav- 
ing Justice  done,  when  Juries  are  threat- 
ened, and  their  Verdicts  rejected?  I  am 
concerned  to  speak  and  grieved  to  see  such 
Arbitrary  Proceedings.  Did  not  the  Lieu- 
tenant of  the  Tower  render  one  of  them 
worse  than  a  Felon?  And  do  you  not 
plainly  seem  to  condemn  such  for  factious 
Fellows,  who  answer  not  your  Ends?  Un- 
happy are  those  Juries,  who  are  threatened 
to  be  fined,  and  starved,  and  ruined,  if  they 
give  not  in  Verdicts  contrary  to  their  Con- 
sciences. 

[29] 


THE    TRYAL    OF    WILLIAM    PENN 

REC.  My  Lord,  you  must  take  a  Course 
with  that  same  Fellow. 

MAY.  Stop  his  Mouth;  Jaylor,  bring 
Fetters,  and  stake  him  to  the  Ground. 

PEN.  Do  your  Pleasure,  I  matter  not 
your  Fetters. 

REC.  Till  now  I  never  understood  the 
Reason  of  the  Policy  and  Prudence  of  the 
Spaniards,  in  suffering  the  Inquisition 
among  them:  And  certainly  it  will  never 
be  well  with  us,  till  something  like  unto  the 
Spanish  Inquisition  be  in  England. 

OBSER.  The  Jury  being  required  to  go 
together  to  find  another  Verdict,  and  stead- 
fastly refusing  it  (saying  they  could  give  no 
other  Verdict  than  what  was  already  given) 
the  Recorder  in  great  Passion  was  running 
off  the  Bench,  with  these  Words  in  his 
Mouth,  /  protest  I  will  sit  here  no  longer 
to  hear  these  Things;  at  which  the  Mayor 
calling,  Stay,  stay,  he  returned,  and  directed 
himself  unto  the  Jury,  and  spoke  as  fol- 
io we  th  : 

REC.  Gentlemen,  we  shall  not  be  at  this 
trade  always  with  you;  you  will  find  the 
next  Sessions  of  Parliament  there  will  be  a 
Law  made,  that  those  that  will  not  conform 
shall  not  have  the  Protection  of  the  Law. 
[so] 


AND    WILLIAM    MEAD 

Mr.  Lee,  draw  up  another  Verdict,  that 
they  may  bring  it  in  special. 

LEE.     I  cannot  tell  how  to  do  it. 

JUR.  We  ought  not  to  be  return'd,  hav- 
ing all  agreed,  and  set  our  Hands  to  the 
Verdict. 

REC.  Your  Verdict  is  nothing,  you 
play  upon  the  Court;  I  say  you  shall  go  to- 
gether, and  bring  in  another  Verdict,  or 
you  shall  starve;  and  I  will  have  you 
charted  about  the  City,  as  in  Edward  the 
Third's  time. 

FORE-M.  We  have  given  in  our  Verdict, 
and  all  agreed  to  it;  and  if  we  give  in  an- 
other, it  will  be  a  Force  upon  us  to  save  our 
Lives. 

MAY.     Take  them  up. 

OFFIC.     My  Lord,  they  will  not  go  up. 

OBSER.  The  Mayor  spoke  to  the  Sheriff, 
and  he  came  off  of  his  seat,  and  said. 

SHER.  Come,  Gentlemen,  you  must  go 
up;  you  see  I  am  commanded  to  make 
you  go. 

OBSER.  Upon  which  the  Jury  went  up ; 
and  several  sworn  to  keep  them  without 
any  Accommodation,  as  aforesaid,  till  they 
brought  in  their  Verdict. 

CRY.     O  yes,  &c.    The  Court  adjourns 


THE    TRYAL    OF    WILLIAM    PENN 

till  to  Morrow  Morning,  at  seven  of  the 
Clock. 

OBSER.  The  Prisoners  were  remanded 
to  Newgate,  where  they  remained  till  next 
Morning,  and  then  were  brought  unto  the 
Court,  which  being  sat,  they  proceeded  as 
followeth. 

CRY.  O  yes,  £fc.  Silence  in  the  Court, 
upon  pain  of  Imprisonment. 

CLER.  Set  William  Penn  and  William 
Mead  to  the  Bar.  Gentlemen  of  the  Jury, 
answer  to  your  Names:  Tho,  Veer,  Ed<w. 
Bushel,  John  Hammond,  Henry  Henly, 
Henry  Michell,  John  Brightman,  Charles 
Milson,  Gregory  Walklet,  John  Baily,  Wil- 
liam Leaver,  James  Damask,  William 
Plumstead.  Are  you  all  agreed  of  your 
Verdict? 

JUR.     Yes. 

CLER.    Who  shall  speak  for  you? 

JUR.     Our  Fore-man. 

CLER.  Look  upon  the  Prisoners.  What 
say  you?  Is  William  Penn  Guilty  of  the 
Matter  whereof  he  stands  indicted,  in  Man- 
ner and  Form,  &c.,  or  Not  Guilty? 

FORE-MAN.  Here  is  our  Verdict  in 
Writing,  and  our  Hands  subscribed. 

OBSER.  The  Clerk  took  the  paper,  but 
[32] 


AND    WILLIAM    MEAD 

was  stopt  by  the  Recorder  from  reading  of 
it;  and  he  commanded  to  ask  for  a  positive 
Verdict. 

FORE-MAN.  That  is  our  Verdict;  we 
have  subscribed  to  it. 

CLER.  How  say  you?  Is  William  Penn 
Guilty,  &c.,  or  Not  Guilty? 

FORE-MAN.    Not  guilty. 

CLER.  How  say  you?  Is  William  Mead 
Guilty,  &c.,  or  Not  Guilty? 

FORE-MAN.    Not  guilty. 

CLER.  Then  hearken  to  your  Verdict; 
you  say  that  William  Penn  is  Not  Guilty 
in  Manner  and  Form  as  he  stands  indicted; 
you  say  that  William  Mead  is  Not  guilty  in 
Manner  and  Form  as  he  stands  indicted, 
and  so  you  say  all? 

JUR.     Yes,  we  do  so. 

OBSER.  The  Bench  being  unsatisfied 
with  the  Verdict,  commanded  that  every 
Person  should  distinctly  answer  to  their 
Names,  and  give  in  their  Verdict,  which 
they  unanimously  did,  in  saying,  Not  Guilty, 
to  the  great  Satisfaction  of  the  Assembly. 

REC.  I  am  sorry,  Gentlemen,  you  have 
followed  your  own  Judgments  and  Opin- 
ions, rather  than  the  good  and  wholsome 
Advice,  which  was  given  you;  God  keep 
[33] 


THE    TRYAL    OF    WILLIAM    PENN 

my  Life  out  of  your  Hands ;  but  for  this  the 
Court  Fines  you  forty  Mark  a  Man;  and 
Imprisonment  till  paid.  At  which  Penn 
stept  up  towards  the  Bench,  and  said: 

PEN.  I  demand  my  Liberty,  being  freed 
by  the  Jury. 

MAY.     No,  you  are  in  for  your  Fines. 

PEN.     Fines,  for  what? 

MAY.     For  contempt  of  the  Court. 

PEN.  I  ask,  if  it  be  according  to  the 
Fundamental  Laws  of  England,  that  any 
English-Man  should  be  Fined  or  Amerced, 
but  by  the  Judgment  of  his  Peers  or  Jury; 
since  it  expressly  contradicts  the  fourteenth 
and  twenty-ninth  Chap,  of  the  great  Char- 
ter of  England,  which  say,  No  Free-Man 
ought  to  be  amerced,  but  by  the  Oath  of 
good  and  Lawful  Men  of  the  Vicinage. 

REC.  Take  him  away,  Take  him  away, 
take  him  out  of  the  Court. 

PEN.  I  can  never  urge  the  Fundamental 
Laws  of  England,  but  you  cry,  Take  him 
away,  take  him  away.  But  it  is  no  wonder, 
Since  the  Spanish  Inquisition  hath  so  great 
a  place  in  the  Recorder's  Heart.  God  Al- 
mighty, who  is  just,  will  judge  you  all  for 
these  things. 

OBSER.  They  haled  the  Prisoners  into 
[34] 


AND    WILLIAM    MEAD 

the  Bale-dock,  and  from  thence  sent  them  to 
Newgate,  for  Non-payment  of  their  Fines; 
and  so  were  their  Jury. 

L'ENVOIE 

So  ended  the  "Tryal."  The  contuma- 
cious jurors  did  not  long  remain  in  duress. 
The  pertinacious  Bushel,  being  a  man  of 
substance,  took  steps  to  legally  rescue  him- 
self and  fellows,  and  soon  succeeded.  The 
affair  had  an  important  after  echo  at  the 
trial  in  New  York,  of  John  Peter  Zenger, 
the  Palatine  Printer,  in  1735,  for  libelling 
Governor  William  Cosby,  by  telling  the 
truth  about  his  infringement  of  popular 
liberty,  when  the  attempted  forcing  of  the 
Penn  jury  was  powerfully  employed  by 
Andrew  Hamilton,  attorney  for  the  de- 
fense, to  curb  the  efforts  of  Mr.  Justice  De 
Lancey  to  coerce  the  twelve.  In  his  re- 
markable address  —  an  address  that  solidi- 
fied the  foundation  for  liberty  of  the  press 
and  free  speech  on  this  continent  and  was 
a  worthy  preface  to  the  Declaration  of  In- 
dependence drawn  some  forty  years  later  — 
Hamilton  said,  concerning  this  "Tryal": 

"  Mr.  Penn  and  Mead  being  Quakers, 
and  having  met  in  a  peaceable  Manner, 
[35] 


THE    TRYAL    OF    WILLIAM    PENN 

after  being  shut  out  of  their  Meeting  House, 
preached  in  Grace  Church  Street,  in  Lon- 
don, to  the  People  of  their  own  Perswasion, 
and  for  this  they  were  indicted ;  and  it  was 
said,  That  they  with  other  Persons,  to  the 
Number  of  300.  unlawfully  and  tumultu- 
ously  assembled,  to  the  Disturbance  of  the 
Peace,  &c.  To  which  they  pleaded  Not 
Guilty.  And  the  Petit  Jury  being  sworn  to 
try  the  Issue  between  the  King  and  the 
Prisoners,  that  is,  whether  they  were  Guilty, 
according  to  the  Form  of  the  Indictment? 
Here  there  was  no  Dispute  but  they  were 
assembled  together,  to  the  Number  men- 
tioned in  the  Indictment;  But  Whether  that 
Meeting  together  was  riotously,  tumultu- 
ously,  and  to  the  Disturbance  of  the  Peace? 
was  the  Question.  And  the  Court  told  the 
Jury  it  was,  and  ordered  the  Jury  to  find  it 
so;  For  (said  the  Court)  the  Meeting  was 
the  Matter  of  Fact,  and  that  is  confessed, 
and  we  tell  you  it  is  unlawful,  for  it  is 
against  the  Statute;  and  the  Meeting  being 
unlawful,  it  follows  of  Course  that  it  was 
tumultuous,  and  to  the  Disturbance  of  the 
Peace.  But  the  Jury  did  not  think  fit  to 
take  the  Court's  Word  for  it,  for  they  could 
neither  find  Riot,  Tumult,  or  any  Thing 
[36] 


AND    WILLIAM    MEAD 

tending  to  the  Breach  of  the  Peace  com- 
mitted at  that  Meeting;  and  they  acquitted 
Mr.  Penn  and  Mead.  In  doing  of  which 
they  took  upon  them  to  judge  both  the  Law 
and  the  Fact,  at  which  the  Court  (being 
themselves  true  Cortiers)  were  so  much 
offended,  that  they  fined  the  Jury  40  Marks 
a  piece,  and  committed  them  till  paid.  But 
Mr.  Bushel,  who  valued  the  Right  of  a 
Juryman  and  the  Liberty  of  his  Country 
more  than  his  own,  refused  to  pay  the  Fine, 
and  was  resolved  (tho'  at  a  great  Expence 
and  trouble  too)  to  bring,  and  did  bring, 
his  Habeas  Corpus,  to  be  relieved  from  his 
Fine  and  Imprisonment,  and  he  was  re- 
leased accordingly;  and  this  being  the  Judg- 
ment in  his  Case,  it  is  established  for  Law, 
That  the  Judges,  how  great  soever  they  be, 
have  no  Right  to  Fine,  imprison,  or  punish 
a  Jury,  for  not  finding  a  Verdict  according 
to  the  Direction  of  the  Court.  And  this  I 
hope  is  sufficient  to  prove,  That  Jurymen 
are  to  see  with  their  own  Eyes,  to  hear  with 
their  own  Ears,  and  to  make  use  of  their 
own  Consciences  and  the  Understandings, 
in  judging  of  the  Lives,  Liberties  or  Estates 
of  their  Fellow  Subjects." 

[37] 


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